State legislators want to supersede city's rules to chop luxe towers

State legislators are hoping to one-up the de Blasio administration and enact strict controls over mechanical voids—the cavernous hollow spaces in luxury apartment buildings that boost the altitude of the uppermost floors.

State Assemblywoman Linda Rosenthal introduced a bill this week designed to penalize developers who include floors with unnecessarily high ceilings—in some cases topping 150 feet—to house mechanical equipment. "While the city has been working on this for at least a year, people were not satisfied that it took so long and now not satisfied that the plan goes far enough," she said.

While developers are allowed a certain amount of square footage for their properties, the current zoning code exempts floors dedicated to mechanical space and puts no limit on their ceiling heights. By stacking apartments above these extremely tall floors, developers can sell the units for more money.

The administration introduced its proposal to discourage the empty spaces last month. However, some community groups have said that the proposed regulations do not go far enough and have expressed support for the stricter measures outlined in Rosenthal's bill, which will be sponsored by Robert Jackson in the state Senate.

"We're a much bigger fan of her approach," said Andrew Berman, executive director of the Greenwich Village Society for Historic Preservation. "The city bill would do virtually nothing to address the problem."

Rosenthal's proposed legislation would not only regulate the height of mechanical spaces, but would discourage developers from building any floor with ceilings higher than 12 feet—a sweeping stricture that would likely galvanize a real estate industry already opposed to the mechanical void crackdown if the plan starts gaining momentum.

In years past, state legislators have drafted bills on local issues to try and appease voters, even though the measures stood little chance of passing. However, with the Democrats newly in control of both the Senate and Assembly the traditional expectations of how Albany operates are out the window, meaning the fate of Rosenthal's proposal is unclear.

"It's the right year, the right environment and it is part of the bigger discussion about how to make life in the city more affordable and better for those who live here," she said.

The de Blasio administration has mobilized several agencies to crack down not only on the broader issue of mechanical voids, but also one particular tower proposed for the Upper West Side containing a floor with 160-foot ceilings. The Department of City Planning has accelerated its approval process for the regulations, setting up a race against Extell Development Co. The Department of Buildings also has issued an intent to revoke a key construction document for the project, which will slow its progress.

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